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Your use of this website or of any content presented in any and all areas of the website
indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this
website. Kimberly Wulfert Publishing reserves the right, at its sole discretion, to modify, add or remove any terms or
conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively
immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time
and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your
acceptance of all such changes.
This website is provided to you solely for your own personal, non-commercial use and not for purposes of resale,
distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise
indicated on this website, you may display, download, archive, and print a single copy of any information on this website,
or otherwise distributed from Kimberly Wulfert Publishing, for such personal, non-commercial use, provided it is done
pursuant to the User Conduct and Obligations set forth herein.
Kimberly Wulfert Publishing has used its best commercial efforts to obtain the most accurate and timely information
available, including information pertaining to any currency rates, all of which are complex and subject to rapid change.
Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information
contained on, downloaded or accessed from this website.
The performance of this website and all information contained on, downloaded or accessed from this website are provided
to you on an 'as is' basis, without warranties of any kind whatsoever, including any implied warranties or warranties of
merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Kimberly Wulfert
Publishing shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer
on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including
any injury or damage to your or any other person's computer as a result of using this website.
Kimberly Wulfert Publishing reserves the right, at its sole discretion, to modify, disable access to or discontinue,
temporarily or permanently, any part or this entire website or any information contained thereon without liability or
notice to you.
As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available
on this website shall be entirely at your own risk. In no event shall Kimberly Wulfert Publishing, nor any of its
affiliates or information providers, be liable for any direct, indirect, consequential or exemplary damages arising
from the use or the performance of this website, even if Kimberly Wulfert Publishing, or such provider, has been advised
of the possibility of such damages.
We show the product(s) on our Web site in order to receive offers or orders. We reserve the right to reject any offer or
order, and all orders are subject to review and acceptance by Kimberly Wulfert Publishing. All prices are subject to change. So, your order at a requested price may not be accepted or we may have to communicate price changes or availability issues to you after you place your order.
Order Acceptance Policy
We may send you an Order Confirmation, but this does not confirm our agreement to accept your order, nor does it confirm
we offer to sell. Kimberly Wulfert Publishing reserves the right at any time after receipt of your order to accept or
decline your order for any reason. Kimberly Wulfert Publishing reserves the right at any time after receipt of your order,
without prior notice to you, to supply less than the quantity you ordered of any item, and to bill you accordingly.
All orders placed over $100.00 (US dollars) must obtain pre-approval with an acceptable method of payment, as established
by our credit and fraud avoidance department. We may require additional verifications or information before accepting any
order. Kimberly Wulfert Publishing uses 2Checkout as its reseller to end user customers and does not accept orders from
computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Kimberly Wulfert
Publishing.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or
error in pricing or product information received from our suppliers, Kimberly Wulfert Publishing shall have the right
to refuse or cancel any orders placed for product listed at the incorrect price. Kimberly Wulfert Publishing shall have
the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order is canceled, Kimberly Wulfert Publishing
shall subsequently issue a credit to your credit card account in the amount of the charge.
Return policy and limited guarantee against defects
Due to licensing and copyright laws, we do not accept returns on products with audio, visual,, or written content,
such as books, charts, brochures, reports, software, etc,. As an exception, defective software will be exchanged for
the same title only according to our limited 30-day warranty. Any hardware confirmed as defective by the product
manufacture or by Kimberly Wulfert Publishing will either be exchanged or repaired at our sole discretion within
the first 30 days of ownership only. After 30 days the product manufacturer warranty is the only warranty in effect.
Terms and conditions may vary by product or manufacture. Kimberly Wulfert Publishing will assist customers whenever
possible in gaining satisfaction with product manufactures. For assistance or to exchange a defective product please
email us through your account. For example, software or hardware products returned for exchange must be in new condition,
original packaging and include all disks, registration cards, packing materials and other accessories and be received
within 30 days of the invoice date. We reserve the right to refuse for return or charge a restocking fee for damaged or
incomplete returns. No returns will be accepted without an authorization issued by us, or when the product manufacturer’s
or distributor’s return policy supersedes ours.
Warranty Limitations
There are no other express warranties or conditions respecting the products or equipment. Implied warranties, if any,
are limited to the duration of the express warranty provided herein. Some states do not allow limitations on how long
an implied warranty lasts so that the foregoing limitation may not apply to you.
Limitation of Liability
In no event shall Kimberly Wulfert Publishing, or any of its subsidiaries or affiliates, be liable for any indirect,
special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business
or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly
accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit.
Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of
any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange
of e-mail with us (including those which may contain your personal information). While we shall take commercially
reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance
with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any
fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information
is inadvertently released by us or accessed by third parties without our consent.
Any personal information you provide to our reseller, 2Checkout, is in accordance to their security measures,
which are reported to be of the utmost reliability. You may take care to ensure your satisfaction of their security
measures by reading their notices and documentation provided on their Web site, during your order processing procedure
with them.
User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall
not: provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead us
about your identity or the origin of any content, message or other communication. You may not sell access to this web
site or sell access to the use of this website, including any content contained on, downloaded or accessed from this
website, except as specifically permitted in writing by Kimberly Wulfert Publishing. You may not redistribute any content,
including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast,
web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method.
The foregoing prohibitions expressly include, but are not limited to, the practice of "screen scraping", or any other
practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information
from the web site, in any manner or in any quantities not authorized in writing by Kimberly Wulfert Publishing.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents
harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any
third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to
assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your
indemnity obligations.
Third Party Websites, Content and Products and Services
You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers,
found on, or accessed through our website and any of their services, including payment for and delivery of any related
goods and services, are solely as between you and such third parties. You understand and acknowledge that some of services
accessible on our website are provided by third parties and that in certain instances, we may receive referral fees and/or
other compensation from third parties on a per use or other basis based on your purchase or use of third party goods or
services found on or accessed through our website. You acknowledge that in such dealings with third parties, we are not
the seller or provider and your agreement of purchase or for services with such third party is solely between you and the
third party, and not Kimberly Wulfert Publishing. We assume no responsibility whatsoever for any charges, losses or
liabilities you or any user of your account incurs when making purchases or completing transactions with such third
parties. As a user of our website, you acknowledge and agree that we shall not be responsible or liable in any way for
any loss or damage of any kind which you or any other user of your account may incur as a result of, or in connection
with, any dealings or transactions with such third parties.
By accessing third party services through our website, you hereby authorize such third party service provides to provide
Kimberly Wulfert with personal information regarding your use of and your activities with respect to the purchase and use
of third party services and/or goods.
Links or pointers to other websites and references to products and services offered by third parties are provided to you
for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such
websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products
and services. As we have no control or responsibility over websites or content maintained by other organizations, or for
products and services offered by third parties, we do not assume any liability for your use of any of the foregoing,
which use you acknowledge and agree shall be at your own risk.
Proprietary Rights
Any identifying marks of Kimberly Wulfert Publishing are and shall remain the trademarks and trade names and exclusive
property of Kimberly Wulfert, and any unauthorized use of these is unlawful. Other trademarks on this website are the
property of their respective owners. All content on this website, interface layout, interface text, documentation and
graphics, is the copyrighted property of Kimberly Wulfert Publishing and is protected by international copyright law.
The content on this website may be used by you only for your personal, non-commercial use as provided for in these
Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not
expressly granted to you are reserved by us.
General
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent
jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of
these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be
deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
These Terms of Use shall be governed by and construed in accordance with the laws of the California and the laws of the
United States applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the
exclusive jurisdiction of the courts of, and venue and situs in, Ventura County, California, United States.
Arbitration
Kimberly Wulfert Publishing may elect to resolve any controversy or claim arising out of or relating to these Terms
or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ventura
County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Ventura County,
California, necessary to protect the rights or the property of you or Kimberly Wulfert Publishing (or its agents,
suppliers, and subcontractors), pending the completion of arbitration.
Contact
If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us.
Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that
such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may
update your e-mail address by visiting the section on this website where you have provided contact information.
If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right
or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related
to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be
forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference,
constitute the entire agreement between you and Kimberly Wulfert and govern your use of our site(s), superseding any
prior agreements that you may have with us.
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